JUDGMENT M. Katju and D.R. Chaudhary, JJ.
1. Heard learned counsel for the parties.
2. By means of this petition, the petitioner has prayed for a mandamus directing the State Government to take over the petitioner and to continue the services of petitioner Nos. 2 to 12.
3. The petitioner has alleged that 15 Homoeopathic Colleges in the State of U. P. under private management including the petitioner No. 1 were taken over by the State Government under the U. P. Homoeopathic Medical Colleges (Taking over of Management) Act, 1979, copy of which is Annexure-8 to the writ petition for a period of one year but subsequently the petitioner No. 1 was closed down from 1981, Hence the grievance is that there has been discrimination against the petitioner.
4. A perusal of Section 3 of the aforesaid Act, 1979 shows that the Management of the scheduled colleges were vested under the State Government for a period of one year from the pointed date. Thus, it is evident that the petitioner No. 1 had not been taken over permanently but only for one year. Subsequently, another Act called the U. P. Homoeopathic Medical Colleges (Acquisition and Misc. Provisions) Act. 1981, was passed in which only such colleges shown in the schedule were taken over, but the petitioner No. 1 has not been included in the schedule to the Act, in the counter-affidavit, it is stated that the petitioner No. 1 is lying closed since 1981. In paragraph 8, it is stated that while by the 1979 Act 15 Homoeopathic Medical Colleges run by the private management, were taken over by the Government, later on by the 1981 Act only nine Homoeopathic Colleges were provincialised. The petitioner No. 1 was not provincialised and was closed down on 11.12.1981. Hence the teaching staff of petitioner No. 1 was not transferred to any provincial Homoeopathic colleges.
5. Learned counsel for the petitioner submitted that in a similar case, the U. P. Public Service Tribunal in Claim Petition No. II/1998, Dr. G. D. Shukla and others v. State of U. P. and others, decided on 12.12.1991 allowed the claim petition and directed the respondents to treat the petitioners, as Lecturers in Kanpur Homoeopathic College with all consequential service benefits like seniority, arrears, salary etc. We are informed that against the aforesaid decision of the U. P. Public Service Tribunal a writ petition has been filed in the Lucknow Bench of this Court which is pending.
6. In our opinion, it is entirely for the State Government to decide whether to take over private medical colleges or not. This is a policy matter and we do not agree with the learned counsel for the petitioner that there is any discrimination or violation of Article 14 of the Constitution. Thus, there is no force in this petition and it is accordingly dismissed. No order as to costs.